SC holds Helping Hambantota inquiry violates Rajapakse fundamental rights

[TamilNet, Monday, 27 March 2006, 19:42 GMT]
Sri Lanka's Supreme Court Monday held that the fundamental rights of Mr. Mahinda Rajapakse when he was Prime Minister has been violated by causing an inquiry into a complaint by Mr.Kabir Hashim, United National Party (UNP) parliamentarian regarding Helping Hambantota Fund. Mr.Mahinda Rajapakse filed the FR petition citing Mr.Chandra Fernando, Inspector General of Police, Mr. Lionel Fernando, Deputy Inspector General of Police (Criminal Investigation Department-CID) and Mr.Kabir Hashim, respondents, legal sources said.

The three member bench of the SC chaired by the Chief Justice Mr.Sarath N.Silva after inquiry into the FR petition held respondents Mr.Chandra Fernando, Mr. Lionel Gunatilake and Mr.Kabir Hashim for the direct violation of fundamental rights of Mr.Mahinda Rajapakse by conducting an inquiry into the complaint. The other two Judges were Shiranee Thilakawardene and Nimal Dissanayake, legal sources said.

The Supreme Court ordered the three respondents Mr.Chandra Fernando, Mr. Lionel Gunatilake and Kabir Hashim to pay one hundred thousand rupees each as compensation from their own money to the petitioner Mr.Mahinda Rajapakse. The SC further directed the State to pay two hundred thousand rupees as compensation to Mr.Mahinda Rajapakse, legal sources said.

The CID commenced inquiry into the complaint by Mr.Kabir Hashim that the petitioner had transferred money to the Helping Hambantota Fund from funds received by the Government of Sri Lanka from various international aid agencies for tsunami reconstruction and rehabilitation works in the affected areas and the transfer was tantamount to misappropriation, legal sources said.

 

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